절도등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and two years of suspended execution) is too unfied and unreasonable.
2. From among the crimes of this case, the crime of assault is considered to have been committed for the purpose of retaliation on the ground that the defendant reported the theft crime of this case, and the crime is not committed for the purpose of retaliation, and the defendant has been punished for the same kind of crime several times.
On the other hand, the fact that the degree of thief damage and the exercise of physical power is relatively minor is favorable to the defendant.
In addition, the Prosecutor’s assertion is not acceptable on the ground that the sentence of the lower court is too unjustifiable and unreasonable, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, and the circumstances after the crime.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.